Methuen, MA Accessory Structures: ADU Owner Occupancy (2026)

Owner occupancy is the first condition in § 5.7 of the Methuen Comprehensive Zoning Ordinance, the accessory apartment section. The owner must occupy at least one of the dwelling units as a permanent legal residence. The only carve-out is for bona fide temporary absences, so an owner who moves out and leaves both units occupied by others no longer meets the condition. The ordinance does not define how long a temporary absence can last.

Proof is a paperwork requirement. A notarized affidavit from the owner must verify two facts: that the dwelling is owner-occupied, and that the occupant of the accessory apartment is a family member. The affidavit goes with the permit application, and the Building Department holds the file. The accessory apartment is also a temporary exemption, not a guaranteed right. It is renewable yearly upon expiration, a reinspection is done for every renewal period, and the annual fee for each inspection is $50.

A change of ownership is handled in subsection H. If there is a change of occupant or if the dwelling is sold, the accessory apartment permit can be transferred to the new occupant or owner, provided the required legal documentation is submitted within 90 days of the transfer. The property is reinspected at that point and the $50 reinspection fee applies. A buyer who misses the 90-day window has no transfer under the text, so a new owner in the City of Methuen should file the documents promptly. The same section limits the unit to not more than 700 square feet and to one accessory apartment per principal dwelling.